Public Lands

What’s in the Reconciliation Bill?

The House takes an important step toward transforming the energy system

Last Friday, the House passed its version of the Build Back Better Act. Due to a quirk in parliamentary procedure, the Senate will be able to consider the $1.7 trillion bill under the “reconciliation” process, which means no filibuster is allowed. It remains unclear whether anyone can wrangle all fifty Senators into supporting some version …

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The Last Four Years — and the Next Four

How did our predictions about Trump hold up? What should we expect for Biden?

In September 2017, Eric Biber and I published a threat assessment after the first 200 days of the Trump Administration. For those who have buried their memories of that time, those were days of shock and despair about the future of environmental protection (and much else). It seems time to bring our report up to …

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Science article argues that conservation should be allowed to pay its own way on public lands

The law too often restricts resource rights on public lands to extraction activities and precludes conservation

The Bureau of Land Management (BLM) auction in February, 2016, for oil and gas drilling rights near Arches National Park was unremarkable. The high bidder, Tempest Exploration Co. LLC, paid $2,500 for the 1,120 acre lease by credit card and began paying annual rental fees. What soon did prove remarkable, though, was the revelation that …

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Top 10 Biggest Environmental Wins In California’s History

Ranking the victories that saved priceless landscapes and environmental features

California is generally known as an environmental leader, but the state has also faced tremendous environmental degradation and destruction. I chronicled my “top 10” worst environmental decisions in the state’s history last year. But what about the good things state policy makers have done? Here is my list of the most significant environmental wins in …

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Nature As A Carbon Sequestration Solution

New CLEE/Emmett Institute report analyzes policy solutions to accelerate investment

New UC Berkeley/UCLA Law report discusses policy solutions to accelerate investment in nature-based climate solutions in California. Register for a free webinar on Wednesday, June 16 from 10:00 AM to 11:00 AM Pacific Time with an expert panel to learn about the top findings. This post is co-authored by Katie Segal and Ted Lamm. Some …

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Keeping It All In the Ground?

Exploring legal options for congressional and executive actions to terminate existing fossil fuel leases on federal lands.

The Biden Administration has set aggressive goals for the reduction of greenhouse gas emissions from the United States.  And a necessary component for any long-term plan to address greenhouse gas emissions from the United States is reducing and ultimately eliminating the emissions from fossil fuels produced on federal lands. Why is this such a critical …

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The U.S. Supreme Court’s Most Important 2020 Environmental Law Decisions

Clean Water Act, CERCLA, Native American Law and Trump’s Border Wall Lead the List

It’s become customary for critics and observers from many disciplines to publish a wide variety of lists at year’s end, nominating the most important or best movies, music, plays, etc. of the preceding year.  Why not follow that tradition in the fields of environmental law and policy? With that objective in mind, I plan over …

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Hitching a Ride on the Omnibus

In a holiday gift from Congress, environmental gains arrive in an overstuffed spending bill.

The massive omnibus bill that just passed Congress contains a bevy of environment friendly provisions.  Despite some last-minute tweeted complaints from Trump about the bill, those provisions are likely to make their way into law. Given that the Senate and the White House are in Republican hands,  it’s a wonder when such provisions sneak through …

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Biden’s Green Team

Here are the six who will lead the way on environment and energy issues.

Biden’s choices to head particular agencies have trickled out over the past few weeks.  It’s only when you put them together that you get a sense of the overall time.  It’s a very diverse group, all of whom seem to have strong environmental commitments. Pete Buttigieg, Department of Transportation.  Buttigieg is a well-known figure from …

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Downstream Emissions

A new court ruling could doom the Trump Administration’s ANWR plan.

A Ninth Circuit ruling yesterday overturned approval of offshore drilling in the Arctic. The ruling may directly impact the Trump Administration’s plans for oil leasing in the Arctic National Wildlife Refuge (ANWR). By requiring agencies to consider emissions when fossil fuels are ultimately burned, the Court of Appeal’s decision may also change the way that …

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